S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 6381                                                  A. 9181
                             S E N A T E - A S S E M B L Y
                                   February 2, 2012
                                      ___________
       IN SENATE -- Introduced by Sen. DILAN -- read twice and ordered printed,
         and when printed to be committed to the Committee on Education
       IN  ASSEMBLY -- Introduced by M. of A. ESPINAL -- read once and referred
         to the Committee on Education
       AN ACT to amend the education law,  in  relation  to  administration  of
         language  assessment  instruments  to  students receiving a program of
         bilingual education or English as a second language
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  3  of  subdivision  2-a of section 3204 of the
    2  education law, as added by chapter 827 of the laws of 1982,  is  amended
    3  to read as follows:
    4    3.  Eligibility  for  such  programs  shall  be based on the following
    5  criteria. A pupil who by reason of foreign birth or  ancestry  speaks  a
    6  language other than English, and either understands and speaks little or
    7  no  English,  or who has been identified by any English language assess-
    8  ment instrument approved by the  commissioner  as  a  pupil  of  limited
    9  English  proficiency,  shall receive a program of bilingual education or
   10  English as a second language in accordance with standards established by
   11  the commissioner. [A] SUCH pupil's proficiency in the  English  language
   12  shall  be measured [annually] by [such] A language assessment instrument
   13  AFTER THE PUPIL HAS BEEN ENROLLED IN A PROGRAM OF BILINGUAL EDUCATION OR
   14  ENGLISH AS A SECOND LANGUAGE FOR A PERIOD OF  THREE  CONSECUTIVE  SCHOOL
   15  YEARS  AND  ANNUALLY  THEREAFTER  in  order to determine further partic-
   16  ipation in bilingual education or English as a second  language  program
   17  in accordance with standards established by the commissioner, subject to
   18  the provisions of subdivision two of this section. The parent or guardi-
   19  an of a pupil designated as limited English proficient shall be informed
   20  by  the local school authorities of the pupil's placement in an instruc-
   21  tional program.
   22    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14096-02-2